Modifications in native laws throughout California proceed to shift the authorized panorama for employers, bringing huge implications to their enterprise. On August 18, 2020, Sonoma County handed a paid sick go away ordinance (the “Sonoma Ordinance”), which took impact instantly and sunsetting on December 31, 2020. The Sonoma Ordinance brings sweeping adjustments to companies in unincorporated Sonoma County.
The Sonoma Ordinance covers staff who aren’t coated beneath the Households First Coronavirus Response Act (“FFCRA”), which was signed into legislation on March 18, 2020. Whereas the FFCRA applies to firms with fewer than 500 staff, the Sonoma Ordinance covers these staff of firms with greater than 500 staff both domestically or nationally. Additional, the Sonoma Ordinance covers staff who work greater than two hours within the unincorporated areas of the County, not making use of to Santa Rosa staff, which has handed its personal ordinance.
Well being Care Employees Included
Not like the FFCRA and plenty of different native ordinances, Sonoma County rejected an exemption for the well being care trade and first responders. The employer should deny the go away if the employer makes a great religion dedication that granting such go away would create a staffing shortfall, such that operational wants dictate denial of some or the entire worker’s request to be used of the go away.
Supplemental Depart Allowed Below Sure Circumstances
Full-time staff are offered 80 hours of paid sick go away and part-time staff obtain a propionate share primarily based on a components referring to their common hours labored.
Workers could take supplemental go away for any of the next causes:
The Worker has been suggested by a well being care supplier to isolate or self-quarantine to stop the unfold of COVID-19;
The Worker is topic to quarantine or isolation by federal, state or native order as a consequence of COVID-19;
The Worker is experiencing COVID-19 signs and is looking for a medical prognosis;
The Worker must look after a person who’s topic to a federal, state or native quarantine or isolation order associated to COVID-19, or has been suggested by a well being care supplier to self-quarantine associated to COVID-19, or is experiencing COVID-19 signs and is looking for a medical prognosis; or
The Worker takes time without work work as a result of the Worker wants to supply look after an Particular person whose senior care supplier or whose college or childcare supplier is closed or is unavailable in response to a public well being or different public official’s suggestion.
Depart Pay Cap
Just like the FFCRA and different native ordinances, go away pay is capped at not more than $511, up from $200, per day and $5,110 for a two-week interval, up from $2,000.
Coexistence with Different Accessible Types of Depart/Offsets
The overall variety of hours of paid sick go away is along with any paid sick go away that could be out there to the worker beneath California Labor Code Part 246, in addition to any preexisting paid time without work (trip, sick and/or PTO) offered to staff earlier than March 16, 2020, topic to an offset. Whereas an employer could not require an worker to make use of every other paid or unpaid go away, sick pay paid time without work, or trip time offered by the employer.
If an worker has a minimum of 80 hours of accrued paid sick go away advantages as of August 18, 2020, or a minimum of 160 hours of a mixture of paid sick go away, trip, and paid time without work advantages the duty to supply paid sick go away beneath the Sonoma Ordinance shall be deemed to be happy.
To the extent accrued paid sick go away advantages afforded staff as of August 18, 2020, are lower than 80 hours, or accrued go away advantages are lower than 100 sixty 160 hours, an Employer is required to furnish paid sick go away to the extent of such deficiency.
The Sonoma Ordinance specifies that employers could solely take “cheap” measures to verify the worker’s eligibility and prohibits requiring an worker to furnish a health care provider’s notice or different supporting documentation. Employers could require staff to determine the idea for which the worker is requesting go away beneath the Sonoma Ordinance.
Additional employers are prohibited from requiring staff to seek out or verify a alternative as a situation of acquiring go away beneath the Sonoma Ordinance.
Employers are mandated to supply discover to staff of their rights beneath the Sonoma Ordinance by posting a discover in English and Spanish within the office or any intranet or electronic mail.
Employers ought to stay aware of all native ordinances which will doubtlessly have an effect on their enterprise. Native ordinances fluctuate throughout counties and in some conditions, cities, requiring employers to maintain their pulse on quite a few adjustments.
Jackson Lewis P.C. © 2020Nationwide Legislation Assessment, Quantity X, Quantity 238